WE, the Heads of State or Government of the Southern
African Development Community (SADC):

AWARE that the concept of free movement of persons, in
one form or another, is not new in parts of the Region since our
people have enjoyed this in the recent past as members of the
East African Community or of the Central African Federation;

ANXIOUS to build upon these historical experiences in
this area of cooperation in order to enhance the benefits flowing
to our people as a whole;

MINDFUL of the Preamble to the Treaty Establishing SADC
and especially the provisions with regard to our duty to promote
the interdependence and integration of our national economies for
the harmonious, balanced and equitable development of the Region,
as well as the need to involve the people of the Region centrally
in the process of development and integration;

RECOGNISING that full popular participation in the
process of building the Region into a Community is only possible
where the citizens of the Community enjoy the rights of free
movement of persons, namely visa-free entry, residence and
establishment in the territories of Member States;

CONSCIOUS of the necessity to adopt a flexible approach
in order to accommodate disparities in the levels of economic
development among Member States and the need to redress
imbalances in large scale population movements within the
Community;

DETERMINED to fulfil our objectives articulated in
Article 5 of the Treaty;

EAGER to support, assist and promote the efforts of the
Organisation of African Unity which is encouraging free movement
of persons in African Regional Economic Communities as a stepping
stone towards free movement of persons in an eventual African
Economic Community;

PURSUANT to Article 5.2.(d) of the Treaty which
requires SADC to develop policies aimed at the progressive
elimination of obstacles to the free movement of capital and
labour, goods and services, and of the people of the Region
generally, among Member States;

IN TERMS of Article 10.3 of the Treaty which authorises
the Summit to adopt legal instruments for the implementation of
the provisions of the Treaty;

"Community" means the organisation for
economic integration established by Article 2 of the Treaty;

"Council" means the Council of Ministers of
SADC established by Article 9 of the Treaty;

"External border" means any land or sea
border or any airport or sea port of a Member State which is not
an internal border;

"Host State" means the Member State of
residence or establishment;

"Internal border" means any common land
border between any two Member States, or any airport used for
flights within the Region, or any sea port used for
trans-shipment connections exclusively from or to other ports
within the Region and not calling at any ports outside the
Region;

"SADC" means the Southern African Development
Community established by Article 2 of the Treaty;

"Short visit" means a visit to the territory
of a Member State for a period not exceeding six months;

"Summit" means the Summit of Heads of State
or Government of SADC established by Article 9 of the Treaty;

"Third State" means any State other than a
Member State;

"Travel document" means a valid passport or
other document used to identify a traveller which contains
personal particulars and a clear photograph of the holder, is
issued by or on behalf of the government of a Member State of
which the holder is a citizen and on which endorsements may be
made by immigration authorities and shall include a
laissez-passer or border pass approved by the Council.

"Treaty" means the Treaty Establishing SADC.

"Tribunal" means the Tribunal established
under Article 9 of the Treaty.

The rights of entry, residence and establishment under this
Protocol shall be regarded as phases in the process of building
the Community and the implementation of the phases shall be
concurrent.

ARTICLE 6

Different Rates of Implementation

Member States shall take all steps possible to act together as
a Community in the implementation of the conferment of the rights
under this Protocol, provided, however that a Member State may
progress at a rate which is faster than that achieved by any
other Member State.

ARTICLE 7

Harmonisation of State Laws

Every Member State shall ensure that all its national laws,
and statutory rules and regulations are in harmony with and
promotive of the objectives of this Protocol.

ARTICLE 8

Temporary Suspension of Protocol

Member States hereby agree that where an emergency occurs in a
Member State, by reason of a breakdown of or serious threat to
national security, public order or public health such Member
State may, by written notice to the Council, inform all the other
Member States of its temporary suspension of the implementation
of this Protocol for the duration of such emergency: Provided
that the Member State concerned shall furnish to the Council, not
later than once every two months, enough information regarding
the emergency to enable the Council to review the necessity of
such temporary suspension.

1. Member States undertake to do everything in their power at
both the national and regional levels, to ensure that all the
people of the Community are fully involved in the various
activities of the building of the Community towards economic
integration.

2. Member States shall refrain from doing anything which may
hinder popular participation in the implementation of this
Protocol.

ARTICLE 10

Cooperation and Mutual Assistance

1. Member States shall build upon existing arrangements or set
up new mechanisms for increasing the consultations and
cooperation among them in creating a healthy, prosperous and
enabling environment in their territories for the peoples of the
Community to participate fully in community building activities.

2. Towards the achievement of Clause 1 of this Article, every
Member State undertakes to cooperate with and assist the other
Member States to facilitate the free movement of persons in the
Community as a vehicle for achieving economic integration.

3. In particular, Member States agree to increase cooperation
and mutual assistance in the following fields, among others;

d. training and educating competent authorities regionally
and nationally on the new ethos of free movement of persons;

e. improving the mechanisms for enhancing cooperation in
safeguarding national and regional security within the
Community;

f. providing sufficient and adequately equipped border
posts;

g. harmonizing of employment policies, labour relations,
human resource development and financial regulations so as to
make movement within the Community more and more stable,
uniform and even.

ARTICLE 11

Security Arrangements

1. Member States undertake to strengthen and improve security
arrangements inside their territories in order to combat drug
trafficking and other cross-border crimes.

2. Each Member State agrees to ensure that its bilateral or
multilateral relations with Third States will not compromise the
security of the Community.

3. Each Member State agrees to regard every external border
post which is on its territory as an actual or potential entry
point into the territory of every other Member State and
therefore to strive to ensure that the controls at such external
border posts are such as will not impair the internal security of
other Member States or of the Community.

ARTICLE 12

Travel Facilities

1. Member States agree to make travel documents more readily
available to their citizens and to cooperate in harmonising
travel whether by air, land or water and to increase and improve
transport facilities especially between their mutual borders.

2. Member States undertake to introduce, within a period of
five years from the entry into force of this Protocol, a SADC
passport for travel within the Community.

ARTICLE 13

General

In accordance with their constitutional provisions and
procedures and in terms of this Protocol, Member States agree to
take all necessary legislative, judicial, administrative and
other measures for the proper supervision of the implementation
and the effective achievement of the objectives of this Protocol.

Member States hereby agree to take immediate steps to achieve
each of the following within a period of twelve months from the
entry into force of this Protocol:

a) harmonization of their laws and administrative
practices so that a citizen of a Member State who wishes to
enter the territory of another Member State on a visit shall
be allowed to do so for six months at a time;

b) abolition of the need for migration forms by travelling
citizens of Member States and issuance of a simple and
uniform SADC migration form for use by citizens of Third
States who wish to enter or exit the territory of any Member
State;

c) establishment of a separate "SADC DESK" at
each major border crossing post;

d) establishment of a sufficient number of border crossing
posts into the territory of another Member State, with
identical opening hours on each side of the border, and
ensuring that at least one such post remains open twenty-four
hours every day;

e) issuance of a common and simple "border pass"
to citizens of Member States who reside in the border areas
of the territories of Member States, and harmonising the
treatment and facilities given to such citizens when they
cross an internal border;

f) abolition of visa requirements where they still exist:
provided that where visas are regarded as still necessary,
they shall be issued free at the border post of arrival and
intended crossing to any citizen of a Member State who needs
one;

g) introduction of a uniform SADC passport for use
primarily within SADC but also with such other Third States
as may be agreed;

h) provision of such regional training facilities for
senior immigration, customs, police and security officials as
may be necessary to promote the free movement of persons
within SADC.

1. Member States agree to ensure that within a period of
twelve months from the entry into force of this Protocol, a
citizen of a Member State who wishes to enter the territory of
another Member State as a visitor shall be admitted without the
requirement of a visa.

2. Visa-free admission in terms of Clause 1 shall be on
condition that:

a) the visit is for a period not exceeding six months at a
time, but without prejudice to the visitor's right to apply
for the extension of such period if a longer stay is, to the
satisfaction of the host State, deemed necessary;

b) the visitor possesses a travel document;

c) the visitor has or can obtain sufficient means of self
support for the duration of the intended visit: provided that
every visitor shall be presumed to have such support;

d) the visitor is not an inadmissible immigrant under the
laws of the intended host country;

e) entry is sought through an official border post.

ARTICLE 16

Exemption

1. A member State may, by notice in writing and for good
reason, request the Summit for an exemption from implementing
Article 15.

2. An exemption obtained under this Article shall only allow
the Member State to which it relates to impose on a citizen of
another Member State the requirement of an entry visa on
condition that

a) any such citizen who requires a visa will be able to
obtain one at the entry border post;

b) no fee shall be demanded for such visa; and

c) each exemption shall be valid for a period not longer
than twelve months.

3. All the conditions under Clause 2 of Article 15 shall apply
to entry under this Article.

ARTICLE 17

Movement of Vehicles for the Transportation
of Persons

1. Any vehicle which is used for the transportation of
persons, whether for personal, private or commercial purposes and
which is registered in the territory of a Member State shall be
allowed to enter the territory of another Member State and to
remain there for a period not exceeding six months.

2. The driver or other person in control of such a vehicle
shall be required to produce to the relevant authority at the
entry border post the following valid documents:

a) a driver's licence of the driver of the vehicle;

b) a registration certificate for the vehicle;

c) an insurance policy for the vehicle;

d) an international customs carnet;

e) a road-worthiness certificate where applicable;

3. Where permitted by the domestic laws of the Member State
concerned, a commercial motor vehicle which is allowed to enter
the territory of another Member State in terms of this Protocol
may engage in any commercial activities within the territory so
entered.

ARTICLE 18

Treatment of Personal Goods Carried by SADC
Citizens

1. Member States shall cooperate closely to harmonise their
laws governing the treatment of goods which visitors from a
Member State may bring into another Member State for the personal
use of the visitor.

2. Goods brought in for commercial purposes shall be dealt
with in accordance with the provisions of an appropriate protocol
on trade facilitation or under the laws of each Member State.

The right of residence shall mean and imply the right to enjoy
all or any of the following rights:

a) to live in the territory of a Member State in
accordance with the legislative and administrative provisions
of that Member State;

b) to apply for and accept the offer of employment where
actually made;

c) to enter freely the territory of a Member State for the
purpose of seeking employment;

d) to reside in the territory of a Member State in order
to take up employment subject to the labour laws of that
Member State;

e) to reside in the territory of another Member State as a
student or trainee.

ARTICLE 20

Granting Right of Residence

Member States agree to ensure that within a period of three
years from the entry into force of this Protocol, every Member
State shall grant to citizens of other Member States the right of
residence in its territory whether or not the exercise of such
right of residence may, imply seeking employment or engaging in
other income-generating activities.

ARTICLE 21

Residence Permits

1. The right of residence shall be exercised through an
application for a residence permit.

2. An application for a residence permit shall be made by the
applicant to the appropriate authorities of the relevant Member
State in accordance with the laws of that Member State.

3. Each Member State whose authorities are handling an
application for a residence permit shall ensure that the
processing of such application shall not delay the immediate
carrying out of an employment contract or other income-generating
activities by the applicant.

4. Member States shall take steps to ensure that, within a
period of two years from the entry into force of this
Protocol, their laws and regulations governing the granting of
residence permits are harmonised and a uniform SADC residence
permit is established.

5. A residence permit issued in terms of this Protocol shall:

a) in respect of an application for the purposes of
Article 19 a) b) and c), be for a maximum period of three
years;

b) in respect of an application for the purposes of
Article 19 d), be for a period equivalent to the period of
the contract of employment of the applicant;

c) in respect of an application for the purposes of
Article 19 e), be for a period equivalent to the length of
the period of study or training required by the applicant.

6. A residence permit shall be subject to renewal in
accordance with the laws of the Member State concerned.

ARTICLE 22

Employment Permits

Nothing in this Protocol shall be construed as preventing the
issuance by any Member State of employment or work permits in
terms either of a SADC employment and labour protocol or domestic
labour laws: provided, however, that no such permit shall
derogate from the enjoyment of any right under this Protocol.

ARTICLE 23

Promotion of Movement of Workers

With a view to promote the freedom of movement of workers,
Member States may, under this Protocol or in an appropriate
protocol on employment and labour, make provisions for the
transferability from one Member State to another of benefits and
rights acquired by virtue of employment.

ARTICLE 24

Link with Employment and Labour

This Chapter shall be read in conjunction with the provisions
of any SADC protocol on employment and labour as may, from time
to time, be in place.

a) the right of access to economic activities as
self-employed persons;

b) the right to establish and manage a profession, trade
or business;

c) the right to practise ones profession, trade,
business or calling and to provide the services related
thereto.

d) the right, subject to Article 29, to participate in all
such human activities as citizens of the host State.

ARTICLE 26

Granting of Right of Establishment

Each Member State shall, within a period of five years
from the entry into force of this Protocol:

a) grant to citizens of other Member States resident in
its territory the right of establishment in its territory;

b) abolish progressively all restrictions on the freedom
of establishment of citizens of other Member States in its
territory.

ARTICLE 27

Conversion into Establishment

A salaried worker who is a citizen of a Member State and is
employed in the territory of another Member State may, at the
conclusion of salaried employment, establish himself in such
territory and practice unsalaried economic activity subject to
the relevant laws and regulations of the host State.

ARTICLE 28

No New Restrictions

Each Member State shall take steps to ensure
that, with effect from the entry into force of this Protocol, no
new restriction is imposed by its laws on the right of
establishment in its territory of citizens of other Member
States.

1. A citizen of a Member State who acquires rights of
residence or establishment in the territory of another Member
State, shall enjoy the same rights and freedoms as citizens of
that other Member State save for such political rights as may be
agreed by the Summit.

2. Without derogation from the generality of Clause 1,
citizens of Member States who become established in the territory
of other Member States shall:

a) receive fair and equitable treatment in respect of
capital which they invest in the territory of establishment;

b) not be subjected to any act of confiscation or
expropriation except on the same basis as may legally apply
to citizens of the host State;

c) receive equal treatment with citizens of the host State
in respect of the transfer of assets and repatriation of
capital;

d) enjoy equal treatment with the citizens of the host
State in respect of all other conditions of living including:

i) security of employment and employment benefits;

ii) access to health and recreational facilities;

iii) access to education, training facilities and
professional advancement;

iv) freedom of association.

ARTICLE 30

Protection of Existing Rights

The provisions of this Protocol shall not operate
to the prejudice of the enjoyment by any citizen of a Member
State of the right of residence or right of establishment
acquired in another Member State before the entry into force of
this Protocol.

No person who is a citizen of a Member State, or any member of
the immediate family of such person, who has been granted the
right of residence or establishment in the territory of another
Member State, may be expelled from the host State or repatriated
except where:

a) reasons of the national security of the host State so
dictate;

b) an important and essential condition for the issuance
or validity of such person's residence or establishment
permit has ceased to exist or cannot be fulfilled or complied
with any longer;

c) the person refuses to comply with a lawful order of an
appropriate public health authority issued for the protection
of public health in circumstances where the consequences of
such refusal have been explained.

ARTICLE 32

Protection Against Individual Expulsion

An order of repatriation or expulsion of a citizen of a Member
State or any member of the immediate family of such citizen from
the territory of another Member State shall only be valid if the
reasons thereof fully comply with this Protocol and the
procedures for its implementation are fully in accordance with
the laws and regulations of the host State.

ARTICLE 33

Protection Against Mass Expulsion

1. Persons who have acquired the right of free movement,
residence or establishment in the territory of a Member State and
members of their immediate families may not be subjected to
collective or group repatriation or expulsion.

2. For the avoidance of doubt, each case of repatriation or
expulsion from the territory of a Member State shall be
considered and determined on its own merits.

ARTICLE 34

Principles Governing Repatriation

Every Member State shall ensure that its laws, regulations or
administrative mechanisms for the expulsion or repatriation of
non-citizens shall, in relation to citizens of another Member
State, incorporate the following principles:

a) the giving of adequate notice of repatriation or
expulsion;

b) the affording to the affected persons of the
opportunity to have recourse to the appropriate domestic
courts or tribunals of the host State;

c) the suspension of any order of repatriation or
expulsion upon the noting of an appeal;

d) the giving of reasonable time to affected persons to
enable them to settle their personal affairs including the
management or disposal of their businesses or professional
practices;

e) the repatriation or expulsion of any person shall not
affect the right of residence or, establishment of any member
of that person's family;

f) the costs and other expenses involved in the
repatriation of an affected person shall be borne by the
Member State ordering the repatriation or expulsion as and
when necessary.

ARTICLE 35

Complementary Measures

1. The repatriation or expulsion of a citizen of a Member
State from the territory of another Member State where he has
acquired rights under this Protocol shall be regarded by every
Member State as a serious matter having the potential of
affecting inter-State relationships within the Community.

2. Each case of repatriation or expulsion shall be carried out
strictly in accordance with the provisions of this Protocol and
the domestic laws of the Member State ordering the repatriation
or expulsion.

3. The diplomatic or consular authorities of the Member State
of which the affected person is a citizen shall be informed by
the host State of the decision to repatriate or expel and the
affected person shall be afforded an opportunity to consult with
the said diplomatic or consular authorities.

4. Nothing in this Protocol shall be regarded as reducing any
protection afforded to repatriated or expelled persons under any
bilateral or multilateral agreements to which any Member State is
a party.

1. Within a period of ten years, all Member States
shall take steps progressively to abolish controls on the
movement of citizens of the Member States within the Community.

2. Citizens of Member States may cross an internal border at
any border post and shall not be subjected to the carrying out of
any checks or controls on persons.

3. The abolition of checks on citizens of the Member States
shall not affect any rights or obligations of persons who are
citizens of Third States.

4. Notwithstanding the provisions of this Article, each Member
State shall be free to exercise police and other security powers
in terms of its laws throughout its territory and to require
persons in its territory to hold, carry and produce permits and
documents as may be provided for under its laws.

5. Checks on goods shall be regulated either in terms of the
relevant SADC protocol on trade facilitation or under the laws of
each Member State.

ARTICLE 37

Suspension of Article 36

1. A Member State may, in the interests of its public order,
public health or national security, suspend for a period not
exceeding one month the application of Article 36 in relation to
its territory and require the carrying out of checks which are
appropriate to the situation on citizens of other Member States
crossing its internal borders.

2. A Member State which decides to act in terms of this
Article shall by written notice to the Council inform all the
Member States of such suspension.

3. A Member State which wishes to suspend Article 36 for
longer than one month shall furnish to the Council, not later
than every two months, enough information regarding the reasons
for such suspension to enable the Council to review the necessity
thereof.

ARTICLE 38

Transfer of Controls to External Borders

1. Any person who wishes to cross an external border shall do
so only at a border crossing point during the appropriate opening
hours.

2. Each Member State shall take steps to introduce penalties
for the crossing of an external border in violation of Clause 1
hereto.

3. A Member State may admit into its territory a citizen of a
Third State who wishes to enter the Region on a visit if the
visitor:

a) possesses a travel document;

b) where so required, holds a valid entry visa;

c) has proof of sufficient means for self-sustenance for
the duration of the visit and for the return journey;

d) declares a lawful purpose for the visit;

e) has not been reported as an inadmissible person in any
of the Member States;

f) is not considered by any Member State as a threat to
its national security, public order or international
relations or of the Community; and

g) otherwise complies with the immigration laws of that
Member State.

ARTICLE 39

Power to Make Rules for External Borders

1. Member States shall, under this Protocol, make rules and
regulations to provide the detailed arrangements governing
cross-border movement at external borders which shall be
uniformly applied by Member States.

2. Rules and regulations made under this Article shall cover
all matters including:

a) the competent authorities and personnel;

b) verification of travel documents;

c) measures to prevent or counter threats to public order
or national security;

d) machinery and equipment or other forms of cooperation
or exchange of information.

ARTICLE 40

Visas for Non-SADC Citizens

1. Member States undertake to adopt a common policy on the
movement of persons who are citizens of Third States and who wish
to enter the territory of any Member State.

2. Member States may make rules and regulations to implement
various aspects of the common policy adopted under Clause 1 of
this Article.

3. Rules made under Clause 2 of this Article shall include
measures regarding:

a) the introduction, issuance and control of the use of
uniform visas;

b) appropriate consultations by Member States on
applications for visas and conditions for admission of
citizens of Third States;

c) the preparation and maintenance of lists of persons
reported as non-admissible by any Member State;

d) the movement of citizens of Third States within the
community;

e) measures relating to organised or group travel;

f) residence permits;

g) repatriation or expulsion; and

h) penalties for infringement of the policy by persons or
carriers of such persons.

ARTICLE 41

Treatment of Non-SADC Citizens

1. The admission of any person who is a citizen of a Third
State into the territory of a Member State under this Protocol
shall entitle such person to enter and travel freely in the
territories of other Member States for a period not exceeding
three months.

2. The Community shall endeavour to develop agreements with
third states or communities of third states to secure the
reciprocal treatment of citizens of Member States in those third
states or communities.

ARTICLE 42

Treatment of Goods

The treatment of goods accompanying a person who enters the
Community from a Third State shall be regulated under such
protocol on trade facilitation as may be agreed between SADC and
any such Third State.

ARTICLE 43

Complementary Measures

In order to assist the enforcement of the provisions of this
Chapter, Member States shall put in place such police and other
security cooperation arrangements as may be necessary from time
to time to monitor and ensure that only genuine travellers from
Third States are admitted into the Region.

ARTICLE 44

Entry into Force of this Chapter

This Chapter shall enter into force on a date to be determined
by the Summit.

Member States hereby reaffirm their commitment to their
obligations under international agreements to which they are
parties, especially under:

a) the United Nations Geneva Convention of 28th July,
1951, as amended by the New York Protocol of 31st January,
1967, Relating to the Status of Refugees;

b) the Organisation of African Unity Convention Governing
the Specific Aspects of Refugee Problems in Africa, signed at
Addis Ababa on the 10th September, 1969; and

c) the established international principles and standards
relating to the treatment of refugees.

ARTICLE 46

Regional Cooperation on Issues Relating to
Refugees

1. Member States shall foster a common understanding towards,
and strive to find durable solutions for, issues relating to
refugees based on an inter-disciplinary approach that takes into
account inter alia humanitarian, economic, social, human rights
and environmental aspects which constitute the root causes of
refugee situations and other involuntary population movements.

2. Member States shall establish a regional committee on
refugees which will be charged with promoting:

(i) a standing coordinating mechanism for the Region to
deal with issues relating to the prevention, early warning
and conflict resolution of situations likely to produce
refugees or other massive involuntary movement of persons;

(ii) the harmonisation of policies, legislation,
procedures and assistance pertaining to refugees;

(iii) without prejudice to the confidentiality and
privilege of information on refugees, the establishment of a
regional data base containing information on refugee
movements, with the sole aim of facilitating the
determination of which Member State is responsible for
assessing an asylum claim;

(iv) the building of awareness within the general public
and the media on human rights and the plight of asylum
seekers and refugees;

(v) national and regional capacity building through
Governmental, United Nations and Non-Governmental
organisations, including the training and mobilisation of
human resources to implement internationally accepted
principles and standards relating to the treatment of asylum
seekers and refugees.

ARTICLE 47

Provision of Information to the Regional
Refugee Committee

In order that the regional committee on refugees may make
reports to the competent organs of the Community, Member States
undertake to provide the committee in the appropriate form with
information and statistical data requested concerning:

a) the conditions of refugees;

b) the implementation of the relevant refugee convention
and regional arrangements; and

c) laws, regulations and rules which may, from time to
time, be in force relating to refugees.

ARTICLE 48

Cooperation of the Community with the United
Nations

Member States undertake to cooperate with the office of the
United Nations High Commissioner for Refugees, or any other
agency of the United Nations which may succeed it, in the
exercise of its functions, and shall in particular facilitate its
duty of supervising the application of the provisions of the 1951
Convention and the 1967 Protocol referred to in Article 45 (a).

The main institutions for the implementation of this Protocol
shall, in addition to those established by Article 9 of the
Treaty, be:

a) the Regional Standing Committee on Free Movement of
Persons;

b) the Regional Cross Border Security Committee;

c) the Regional Committee on Refugees.

ARTICLE 50

Regional Standing Committee on Free Movement
of Persons

1. Member States shall establish a Regional Standing Committee
on Free Movement of Persons whose principal purposes shall be to
monitor the implementation of the provisions of this Protocol,
take appropriate action and make such recommendations to the
Council as may be necessary.

2 a) The Regional Standing Committee shall be composed of the
Minister responsible for immigration and the Minister responsible
for police in each Member State.

b) The Regional Standing Committee shall establish such
other subcommittees as may be necessary.

3. The Regional Standing Committee shall have the following
main functions:

a) Information:

To gather information on how the Protocol is working and
how similar protocols in the world are being implemented and
increase public awareness of this Protocol;

b) Training:

To organise regional training programmes for persons
inside and outside Government who are closely involved in the
implementation of the Protocol and to assist similar efforts
at the national level in each Member State;

c) Research and Development:

To be the main vehicle for conducting world wide research
on free movement of persons and utilizing the results of such
research to assist the development and the achievement of the
objectives of this Protocol;

d) Advice:

To render advice to Member States, whether on request or
on its own initiative, on matters germane to the
implementation of this Protocol;

e) Recommendations:

To monitor all aspects of the implementation of this
Protocol and make recommendations to the Council.

ARTICLE 51

Regional Cross-Border Security Committee

1. Member States may establish a Regional Cross Border
Security Committee under this Protocol or under an appropriate
protocol on drug trafficking and cross-border crime or such other
protocol as the Summit may determine.

2. The Regional Cross-Border Security Committee shall provide
Member States with general back-up information, intelligence and
security mechanisms necessary for building the Community.

1. Any dispute which may arise regarding the interpretation or
implementation of this Protocol shall ordinarily be resolved
through negotiated agreement by the Council or, failing which,
the Summit.

2. Any party to a dispute which cannot be resolved by
agreement may refer such a dispute to the Tribunal whose decision
in the matter shall be final and binding.

3. The powers and procedures of the Tribunal shall be those
set out in an appropriate protocol of the Community.

4. The provisions of this Protocol shall prevail over the laws
of any Member State to the extent of any conflict between them.

ARTICLE 53

Procedure in Complaints by Individuals

1. Member States shall, in accordance with
their national constitutions and in terms of this Protocol

a) ensure that every person who alleges that his rights
under this Protocol have been infringed shall have unimpeded
recourse to the domestic courts or tribunals of the relevant
host State;

b) guarantee that the competent courts or administrative
bodies shall decide on the rights of the aggrieved person
speedily according to the laws of the Member State concerned.

2. Where any person exhausts the domestic remedies of the host
State but remains dissatisfied with the results, such person may
appeal to the Member State of which such person is a citizen and
request that the matter be taken up and dealt with in terms of
Article 52.

3. Any complaint that a Member State has committed a breach of
any of its obligations under this Protocol shall be reported to
the Executive Secretary of the Community who shall transmit the
same with comments to the Council.

4. The Council may deal with the matter in terms of Article
52.1 or refer it to the Tribunal for resolution in terms of
Article 52.2.

1. Any Member State may submit to the Secretariat of the
Community written proposals for the amendment or review of this
Protocol giving reasons for each proposal.

2. The Secretariat shall communicate any such proposal to the
Regional Standing Committee and to each Member State within thirty
days of receiving the proposal.

3. Within three months of receiving a proposal to amend
this Protocol, the Secretariat shall forward the proposals, with
any comments thereon by then received, to the Council for
consideration.

4. The Council shall make appropriate recommendations on any
proposed amendment to the Summit.

5. Any proposal to amend this Protocol shall be regarded as
rejected unless it receives the support of three quarters of all
members of the Summit.

ARTICLE 55

Power to Make Regulations

The Council shall have power to make regulations either as
specifically authorised under any Article hereto or generally for
the better carrying into effect of the provisions of this
Protocol.

ARTICLE 56

Ratification

1. A Member State shall indicate its approval of this Protocol
by signing the original copy or by subsequent ratification or
accession in accordance with its constitutional procedures.

2. Ratification or accession of this Protocol shall not be
subject to any reservation.

ARTICLE 57

Deposit

Every instrument of ratification or accession of this Protocol
shall be deposited with the Executive Secretary of SADC who shall
transmit a certified true copy of this Protocol to each Member
state giving notice of the dates of each instrument of
ratification or accession deposited with him.

ARTICLE 58

Entry into Force

1. This Protocol shall enter into force thirty (30) days after
the deposit of the instruments of ratification by two thirds of
the Member States.

2. Upon its entry into force, this Protocol shall form part of
and be read as one with the Treaty.

ARTICLE 59

Relationship with other African Regional
Economic Communities

1. Member States shall take all steps necessary
to ensure the co-operation, co-ordination and harmonization of
the activities of SADC and those of the other regional economic
communities envisaged by Article 28 of the Treaty Establishing
the African Economic Community.

2. This Protocol shall be implemented in such a manner as to
promote the eventual establishment of a protocol on the free
movement of persons on the African Continent.